BILL NUMBER: AB 1225	CHAPTERED  10/10/99

	CHAPTER   905
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 9, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	PASSED THE SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   SEPTEMBER 2, 1999
	AMENDED IN SENATE   JUNE 24, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999
	AMENDED IN ASSEMBLY   APRIL 8, 1999

INTRODUCED BY   Assembly Member Ashburn
   (Coauthor: Senator Alpert)

                        FEBRUARY 26, 1999

   An act to amend Sections 16119 and 16122 of the Welfare and
Institutions Code, relating to human services, making an
appropriation therefor, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1225, Ashburn.  Adoptions.
   Existing law provides for the payment, by the State Department of
Social Services and counties, of cash assistance to eligible families
that adopt eligible children, and bases the amount of the payment on
the needs of the child and the resources of the family to meet those
needs.
   Existing law requires the State Department of Social Services or a
licensed adoption agency, at the time application for adoption of a
child who is potentially eligible for these benefits is made, to
provide the prospective adoptive family with information, in writing,
on the availability of these benefits.
   This bill would also require this information to be provided at
the time immediately prior to finalization of the adoption decree.
   Because state funds are continuously appropriated to pay for a
portion of the costs of county adoption assistance payments, the bill
would constitute an appropriation.
   Existing law also provides that, from funds appropriated for the
purpose, the state shall compensate private adoption agencies for
costs of placing for adoption children eligible for the Adoption
Assistance Program, not to exceed $3,500 per child adopted.
   This bill would, effective July 1, 1999, increase that limitation
to $5,000.
   This bill would incorporate additional changes in Section 16119 of
the Welfare and Institutions Code, proposed by AB 390, to be
operative only if AB 390 and this bill are both chaptered and become
effective on or before January 1, 2000, and this bill is chaptered
last.  These changes would become operative on the effective date of
AB 390.
  This bill would declare that it is to take effect immediately as an
urgency statute.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 16119 of the Welfare and Institutions Code is
amended to read:
   16119.  (a) At the time application for adoption of a child who is
potentially eligible for Adoption Assistance Program benefits is
made, and at the time immediately prior to the finalization of the
adoption decree, the department or the licensed adoption agency,
whichever is appropriate, shall provide the prospective adoptive
family with information, in writing, on the availability of Adoption
Assistance Program benefits, with an explanation of the difference
between these benefits and foster care payments.  The department or
the licensed adoption agency shall also provide the prospective
adoptive family with information, in writing, on the availability of
reimbursement for the nonrecurring expenses incurred in the adoption
of the Adoption Assistance Program eligible child.
   (b) The department or the licensed agency shall encourage families
that elect not to sign an adoption assistance agreement to sign a
deferred adoption assistance agreement.
   (c) The department or the county, whichever is responsible for
determining the child's eligibility for the Adoption Assistance
Program, shall assess the needs of the child and the resources of the
family to meet those needs, including the family's financial status
relative to available statewide median income data.
   (d) The amount of an adoption assistance cash benefit, if any,
shall be a negotiated amount based upon the needs of the child and
the ability of the family to meet the child's needs.  There shall be
no means test used to determine an adoptive family's eligibility for
the Adoption Assistance Program.  The statewide median income data
shall be used as a guideline to assist agencies and adoptive families
in negotiating the amount of the Adoption Assistance Program benefit
to be awarded to families to meet a child's needs for which other
resources are unavailable.  In all instances, actual living expenses,
including any unusual expenses, shall be considered in evaluating
the amount of benefit needed by the family to meet the child's needs.
  In those instances where an otherwise eligible child does not
require a cash benefit, Medi-Cal eligibility may be established for
the child, as needed.
   (e) In applying the statewide median income guideline, agencies
shall be guided by the following assumptions:
   (1) Families with income below the statewide median income may
qualify for an amount up to the state approved basic foster care rate
plus any state approved specialized care increment for which the
child would be eligible if in foster care.
   (2) Families with income above the statewide median income shall
be considered to be able to meet the normal child rearing expenses
encompassed in the state approved basic foster family home care rate,
but may qualify to receive benefits in an amount up to the state
approved specialized care increments the child would be eligible to
receive if in foster care.
   (f) The department or the licensed adoption agency shall inform
the prospective adoptive family regarding the county responsible for
providing financial aid to the adoptive family in an amount
determined pursuant to Sections 16120 and 16120.1.
  SEC. 2.  Section 16119 of the Welfare and Institutions Code is
amended to read:
   16119.  (a) At the time application for adoption of a child who is
potentially eligible for Adoption Assistance Program benefits is
made, and at the time immediately prior to the finalization of the
adoption decree, the department or the licensed adoption agency,
whichever is appropriate, shall provide the prospective adoptive
family with information, in writing, on the availability of Adoption
Assistance Program benefits, with an explanation of the difference
between these benefits and foster care payments.  The department or
the licensed adoption agency shall also provide the prospective
adoptive family with information, in writing, on the availability of
reimbursement for the nonrecurring expenses incurred in the adoption
of the Adoption Assistance Program eligible child.  The department or
licensed adoption agency shall also provide the prospective adoptive
family with information on the availability of mental health
services through the Medi-Cal program or other programs.
   (b) The department or the licensed agency shall encourage families
that elect not to sign an adoption assistance agreement to sign a
deferred adoption assistance agreement.
   (c) The department or the county, whichever is responsible for
determining the child's eligibility for the Adoption Assistance
Program, shall assess the needs of the child and the circumstances of
the family.
   (d) (1) The amount of an adoption assistance cash benefit, if any,
shall be a negotiated amount based upon the needs of the child and
the circumstances of the family.  There shall be no means test used
to determine an adoptive family's eligibility for the Adoption
Assistance Program.  In those instances where an otherwise eligible
child does not require a cash benefit, Medi-Cal eligibility may be
established for the child, as needed.
   (2) For purposes of paragraph (1), "circumstances of the family"
includes the family's ability to incorporate the child into the
household in relation to the lifestyle, standard of living, and
future plans and to the overall capacity to meet the immediate and
future plans and needs, including education, of the child.
   (e) The department or the licensed adoption agency shall inform
the prospective adoptive family regarding the county responsible for
providing financial aid to the adoptive family in an amount
determined pursuant to Sections 16120 and 16120.1.
   (f) The department or the licensed adoption agency shall inform
the prospective adoptive family that the adoptive parents will
continue to receive benefits in the agreed upon amount unless one of
the following occurs:
   (1) The department determines that the adoptive parents are no
longer legally responsible for the support of the child.
   (2) The department determines that the child is no longer
receiving support from the adoptive family.
   (3) The adoption assistance payment exceeds the amount that the
child would have been eligible for in a licensed foster home.
   (4) The adoptive parents demonstrate a need for an increased
payment.
   (5) The adoptive parents voluntarily reduce or terminate payments.

   (6) The adopted child has an extraordinary need that was not
anticipated at the time the amount of the adoption assistance was
originally negotiated.
  SEC. 3.  Section 16122 of the Welfare and Institutions Code is
amended to read:
   16122.  (a) It is the intent of the Legislature in enacting this
chapter to provide children who would otherwise remain in long-term
foster care with permanent adoptive homes.  It is also the intent of
this Legislature to encourage private adoption agencies to continue
placing these children, and in so doing, to achieve a substantial
savings to the state in foster care costs.
   (b) From any funds appropriated for this purpose, the state shall
compensate private adoption agencies licensed pursuant to Chapter 3
(commencing with Section 1500) of Division 2 of the Health and Safety
Code for costs of placing for adoption children eligible for
Adoption Assistance Program benefits pursuant to Section 16120.
   These agencies shall be compensated for otherwise unreimbursed
costs for the placement of these children in an amount not to exceed
a total of three thousand five hundred dollars ($3,500) per child
adopted.  Half of the compensation shall be paid at the time the
adoptive placement agreement is signed.  The remainder shall be paid
at the time the adoption petition is granted by the court.  Requests
for compensation shall conform to claims procedures established by
the department.  This section shall not be construed to authorize
reimbursement to private agencies for intercountry adoption services.

   (c) Effective July 1, 1999, the maximum amount of reimbursement
pursuant to subdivision (b) shall be five thousand dollars ($5,000).

  SEC. 4.  Section 2 of this bill incorporates amendments to Section
16119 of the Welfare and Institutions Code proposed by both this bill
and AB 390.  It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2000, but this
bill becomes operative first, (2) each bill amends Section 16119 of
the Welfare and Institutions Code, and (3) this bill is enacted after
AB 390, in which case Section 16119 of the Welfare and Institutions
Code, as amended by Section 1 of this bill, shall remain operative
only until the operative date of AB 390, at which time Section 2 of
this bill shall become operative.
  SEC. 5.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to make changes in provisions of law relating to children
placed in foster care, as well as provisions relating to facilities
licensed by the State Department of Social Services at the earliest
possible time, it is necessary that this act take effect immediately.
